Practical guide
How to handle third-party damage caused by common parts
When a common part causes damage to a third party, a passer-by hit by falling plaster, a car scratched by a gate, a neighbour flooded by a gutter, the condominium answers as custodian under Article 2051 of the Italian Civil Code, unless it proves a fortuitous event. The third-party liability coverage is precisely the part of the building property policy that covers these events. The manager must handle a case different from damage to common parts alone: here there is an external injured party making a compensation claim, there are limitation periods to respect, and there is the risk, if the damage exceeds the limit or falls within the deductible, of a cost on the condominium. Acting methodically protects both the third party and the owners.
Handling a third-party damage claim
- Collect the injured party's written claim with description, date and evidence
- Document the state of the common part involved and its maintenance
- Report the loss to the third-party liability coverage within the deadlines
- Do not admit liability or pay amounts without the insurer
- Forward everything to the adjuster and follow the company's investigation
- Check the deductible, limit and any uninsured share on the liability cover
- Allocate among the owners any part not covered by the coverage
The condominium's liability as custodian
Article 2051 of the Italian Civil Code provides that everyone is liable for damage caused by the things in their custody, unless they prove a fortuitous event. The condominium is custodian of the common parts, so it answers for the damage that the facade, roof, gutters, gates, courtyards and common systems cause to third parties. This is a form of strict liability: the injured party only needs to prove the link between the common thing and the damage, while it is up to the condominium to prove the fortuitous event, that is, an unforeseeable and exceptional event that broke that link.
That is why maintenance of the common parts is not only good practice but a concrete defence: a well-kept building reduces the likelihood of damage and documents the condominium's diligence. Representation in dealings with the injured third party belongs to the manager under Articles 1130 and 1131 of the Italian Civil Code.
The liability coverage and reporting the loss
Third-party liability is the coverage of the building property policy designed precisely for these cases: it covers, within the limit and deductible, the sums the condominium is required to pay as compensation for damage caused to persons or property outside the condominium. Once the injured party's claim is received, the manager must open the report to the company under the liability coverage, respecting the policy deadlines and Article 1913 of the Italian Civil Code.
A frequent and risky mistake is to admit liability or promise compensation to the injured party before the insurer steps in. Policy conditions generally prohibit unagreed admissions of liability, and a rash admission can forfeit the coverage. The rule is to forward everything to the company and let the adjuster handle the case and the negotiation with the third party.
Limitation periods and dealings with the injured party
The third party's right to compensation is subject to a limitation period: for damage from non-contractual liability the Italian Civil Code sets a period of five years from the fact under Article 2947, except for the particular cases regulated there. The rights arising from the insurance contract instead have the shorter limitation period of Article 2952. Keeping these deadlines under control avoids both the condominium suffering late claims and losing its own rights against the company.
In dealings with the injured party a correct and documented attitude is important: collect the claim in writing, request proof of the damage, keep track of every communication. This does not mean admitting fault, but building a file that lets the company assess and, if due, compensate, avoiding the third party acting directly in court against the condominium to obtain what is owed.
When the uncovered part comes back to the owners
Even in third-party damage the coverage may not be total: the deductible stays with the condominium, an uninsured share leaves a portion unpaid and the limit caps the company's outlay. If the compensation owed to the third party exceeds what the liability cover pays, the difference becomes a condominium cost to be allocated among the owners according to the nature of the common part involved and the criteria of Article 1123 of the Italian Civil Code.
Handling the whole case in an orderly way, from the third party's claim to the settlement to the allocation of the uncovered part, is what avoids disputes and delays. With AmministraPro the manager opens a loss record for the third-party damage, links to it the injured party's claim, the liability report, the appraisal report and the settlement, and generates the allocation of any uncovered part on the correct table, keeping everything traced alongside the accounts. The features are described on /funzioni and the plans on /prezzi.
Frequently asked questions
Is the condominium always liable for damage caused by common parts?
Under Article 2051 of the Italian Civil Code the condominium, as custodian of the common parts, answers for the damage they cause to third parties, unless it proves a fortuitous event. This is a form of strict liability: the injured party only needs to prove the link between the common thing and the damage, while it is up to the condominium to prove the unforeseeable and exceptional event that broke that link. That is why documented maintenance of the common parts is the first defence, because it reduces damage and attests to the condominium's diligence.
What is the third-party liability coverage and when does it apply?
Third-party liability is the part of the building property policy that covers the sums the condominium must pay as compensation for damage caused to persons or property outside the condominium, within the limit and deductible. It applies when a common part, for example the facade, the roof or a gate, damages a passer-by, a car or a neighbour. Once the injured party's claim is received, the manager must open the report under the liability coverage, respecting the policy deadlines and Article 1913.
Can I admit liability to the injured party before the insurer?
It is inadvisable and often prohibited by the policy conditions. Admitting liability or promising compensation before the company steps in can forfeit the coverage and bind the condominium to a commitment then not indemnified. The correct conduct is to collect the third party's written claim with the evidence, forward everything to the insurer and let the adjuster handle the case and the negotiation. A correct attitude toward the injured party is not the same as an admission of liability.
Within what time can a third party claim compensation from the condominium?
For damage from non-contractual liability the Italian Civil Code sets in Article 2947 a limitation period of five years from the fact, except for the particular cases regulated there. The rights arising from the insurance contract instead follow the shorter period of Article 2952. Keeping both deadlines under control avoids the condominium suffering late third-party claims and losing its own rights against the company. Each claim should in any case be assessed case by case, also with the insurer's assistance.
Who pays if the compensation exceeds the liability limit?
The part of compensation exceeding the limit, together with the deductible and any uninsured share, stays with the condominium and becomes a cost to be allocated among the owners according to the nature of the common part involved and the criteria of Article 1123 of the Italian Civil Code. That is why choosing adequate limits when taking out the policy is important. With AmministraPro the third party's claim, the settlement and the allocation of the uncovered part stay in the same loss record; the features are on /funzioni and the plans on /prezzi.
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